Code of Ethics

for the South Australian public sector

publicsector.sa.gov.au
Contents
INTRODUCTION 1

APPLICATION OF THE CODE 2

Responsibility of employees
Responsibility of Chief Executives and other organisational leaders
Statutory responsibility of the Commissioner for Public Sector Employment

FOUR FOUNDATIONS 3

Democracy
Impartiality
Accountability
Diversity

PUBLIC SECTOR VALUES 4

PROFESSIONAL CONDUCT STANDARDS 5

Professional and courteous behaviour

Public comment
Handling official information
Use of government/public resources
Conflicts of interest
Outside employment
Acceptance of gifts and benefits
Criminal offences
Reporting unethical behaviour

FURTHER INFORMATION 10

Please note that the content of this document was last updated January 2022.

The Government of South Australia acknowledges Aboriginal people as the

first peoples and nations of South Australia.
The South Australian Government and public sector recognise and respect their
cultural connections as the traditional owners and occupants of the land and waters
of South Australia and that they maintain a unique and irreplaceable contribution
to the state.
Introduction
The government is committed to ensuring
that South Australia is a place where people
and business thrive.

The public sector must serve this vision through a

strong culture of service excellence, founded on a
productive working relationship with communities
and business.
Above all, this relationship must be established
on trust, and the guarantee that public sector
employees will act effectively and with the utmost
professional integrity.
This Code of Ethics for the South Australian public
sector is the Code of Conduct for the purposes of
the Public Sector Act 2009, and all public sector
employees are bound by it.
One of the primary aims of the Act is to embed a
culture of “one government” across the sector.
Although public sector employees work in a
diverse range of professions and organisations,
they should be united by common values and
standards of professionalism. These values and
standards are articulated in this Code.
This Code has been updated to ensure its
relevance to the opportunities and challenges
that face modern South Australia. It incorporates
the views provided by employees and other
stakeholders since the Code was last issued
in 2010.
It is intended that the Code will help employees
challenge traditional ways of working while
maintaining the essential principles of their
profession and reliably serving the community
and Government of the day.

publicsector.sa.gov.au 1
Application
of the code
RESPONSIBILITY OF EMPLOYEES
This Code of Ethics for the South Australian public
sector is the Code of Conduct for the purposes of
the Public Sector Act 2009, and all public sector
employees are bound by it regardless of:
• the nature or level of employment;
• employment status; or
• the nature of the public sector organisation
in which an employee works.
Every public sector employee must familiarise
themselves with the content of this Code and
conduct themselves in a manner consistent with
the values and standards of professional conduct
that are set out herein.
Some public sector employees, such as health
professionals and lawyers, are bound by codes
of conduct specific to their profession. In such
cases, employees must have regard to the Code
of Ethics for the South Australian public sector
as well as their professional codes.
2 Code of Ethics for the South Australian public sector
All public sector
employees are bound
by the code of ethics
RESPONSIBILITY OF CHIEF EXECUTIVES
AND OTHER ORGANISATIONAL LEADERS
Strong and visible leadership is a critical factor
in achieving support for, and adherence to, the
values and professional conduct embodied by
this Code.
Chief executives and other organisational leaders
have a special responsibility to demonstrate
publicly their support for both the spirit and letter
of the Code through their actions.
In addition to exemplary personal behaviour, chief
executives and other organisational leaders are
responsible for raising awareness of the Code,
promoting debate on application of its content,
and responding to any issue – including requests
for guidance – raised by employees.
STATUTORY RESPONSIBILITY OF THE
COMMISSIONER FOR PUBLIC SECTOR
EMPLOYMENT
It is the responsibility of the Commissioner for
Public Sector Employment to issue this Code
under Part 4, Section 14(1)(a) of the Public Sector
Act 2009.
The Commissioner will also monitor and report
to Parliament on the extent to which the Code has
been observed. The Commissioner is required
to keep the Code under review and may vary,
or revoke and substitute the Code.
Four foundations
The values and standards outlined in this code
build upon four foundations of public service.
DEMOCRACY
It is the role of the public sector to support
the Government of the day, under law and
the Constitution, in achieving the common
good, primarily by providing services to the
community. An emerging feature of South
Australia’s democracy is a higher level of
collaboration between the public sector and
the community in the design and delivery of
services and the involvement of people in
decisions that affect their lives.
ACCOUNTABILITY
Within a broad system of accountability
under which ministers are accountable to
Parliament, public sector employees are
accountable for exercising their delegated
authority and for performing their role within
the values and standards of conduct outlined
in this Code.
IMPARTIALITY
Public sector employees must be detached
from political influence and the influence
of partisan interests within the community.
Instead, public sector employees must rely
on evidence to provide objective advice
to Government and implement directions
promptly and thoroughly.
DIVERSITY
The South Australian public sector should
be as diverse as the community it serves.
The views and experiences of all people
should be respected, regardless of
nationality, gender, cultural or social
background, sexuality, religion, age,
or physical or intellectual ability.
publicsector.sa.gov.au 3
Public Service
Proudly serve the community and

sector Government of South Australia.

values Professionalism
Strive for excellence.

Ministers, chief Trust

executives and Have confidence in the ability of others.
other public sector
employees have
collectively defined Respect
values to guide the Value every individual.
sector’s long-term
development.
The values are, in part, based Collaboration and engagement
on the traditional tenets of Create solutions together.
public service. Yet they also
reflect the evolution of the
sector, and the modern world
in which it operates.
The values are articulated in
Honesty and integrity
the Public Sector Values and Act truthfully, consistently, and fairly.
Behaviours Framework.
All public sector employees
should endeavour to embody
the values in their work. Courage and tenacity
Never give up.

Sustainability
Work to get the best results for current and
future generations of South Australians.

4 Code of Ethics for the South Australian public sector

Professional
conduct standards
Employees must exhibit
the highest standards of
professional conduct in order
to maintain the integrity of the
South Australian public sector.
These professional conduct standards are the
disciplinary provisions of the Code of Conduct
for the purposes of the Public Sector Act 2009.
Contravention or failure to comply with these
professional conduct standards will constitute
misconduct as defined by the Public Sector Act
2009. Any employee who fails to comply with
these conduct standards may be liable
to disciplinary action.
Public sector organisations may choose to issue
agency specific conduct standards. Additional
standards must be consistent with these
standards, the Public Sector Act 2009, the Public
Sector Regulations 2010 and any other relevant
legislation, industrial instrument or Government
policy. Such conduct standards are not to be
labelled as a ‘code’.
This section of the Code outlines the
standards of conduct regarding:
• Professional and courteous behaviour
• Public comment
• Handling official information
• Use of government/public resources
• Conflicts of interest
• Outside employment
• Acceptance of gifts and benefits
• Criminal offences
• Reporting unethical behaviour
publicsector.sa.gov.au 5
PROFESSIONAL CONDUCT STANDARDS
PROFESSIONAL AND COURTEOUS BEHAVIOUR
Public sector employees will not at any time act
in a manner that a reasonable person would view
as bringing them, the agency in which they work,
the public sector, or Government into disrepute;
or that is otherwise improper or disgraceful.
Public sector employees will comply with a lawful
and reasonable direction given to them as an
employee by a person with authority to give
such direction.
Public sector employees will at all times treat
other persons with respect and courtesy.
Public sector employees will not be absent from
duty without authority or proper explanation
or excuse.
Public sector employees will be diligent in the
discharge of their role and duties and not act
in a way that is negligent.
PUBLIC COMMENT
Public sector employees will only make public
comment in relation to their duties, the public
sector or the Government – including policy and
programs – when specifically authorised to do
so. Such comment will be restricted to factual
information and professional advice and avoid the
expression of personal opinion. Public comment
includes providing information or comment to
or in any media (electronic and print), including
posting comment on the internet and speaking
engagements.
Notwithstanding the above, public sector
employees may engage in a private capacity in
conduct intended to influence public opinion
on an issue, or promote an outcome in relation
to an issue of public interest except in the
circumstances set out in section 15(2) of the
Public Sector Act 2009.
6 Code of Ethics for the South Australian public sector
These provisions do not apply to certain statutory
office holders (or other authorised officers or
employees) who are entitled to make independent
public comment, either through convention, under
legislation or pursuant to delegated authority.
HANDLING OFFICIAL INFORMATION
By virtue of their duties, public sector employees
frequently access, otherwise deal with, and/
or are aware of, information about issues, facts
and circumstances that they know, or where a
reasonable person in the circumstances would
know, needs to be treated as confidential.
Public sector employees will not access or
attempt to access official information other than
in connection with the performance by them of
their duties and/or as authorised.
Public sector employees will not disclose official
information acquired through the course of their
employment other than is required by law or
where appropriately authorised in the agency
concerned.
Public sector employees will not misuse
information gained in their official capacity,
including, but not limited to:
• purchasing shares or other property on
the basis of confidential information about
the affairs of a business or of a proposed
Government action; or
• seeking to use information for personal benefit
or gain or for the personal benefit or gain of
another.
Public sector employees will maintain the integrity
and security of official information for which
they are responsible. Employees will also ensure
that the privacy of individuals is maintained and
will only release information in accordance with
relevant legislation, industrial instruments, policy,
or lawful and reasonable direction.
 PROFESSIONAL CONDUCT STANDARDS

USE OF GOVERNMENT/PUBLIC RESOURCES

Public sector employees shall use the

Government/public resources that are the
property of the Crown efficiently and only for
appropriate purposes as authorised.
Government/public resources (Crown property)
include physical, financial, technological and
intellectual property.
The Crown retains ownership of these resources.

CONFLICTS OF INTEREST

Public sector employees will avoid actual or

potential conflicts of interest.
Public sector employees will ensure their personal
or financial interests do not influence or interfere
with the performance of their role. They will
ensure the interests of family members, friends
or associates (as defined in the Public Sector
(Honesty and Accountability) Act 1995) do not
influence the performance by them of their duties
and/or their role as a public sector employee.
Employees will disclose in writing to their chief
executive or agency head any actual or potential
conflicts of interest at the earliest available
opportunity and comply with any lawful and
reasonable direction issued by a person with
authority to issue such direction to resolve the
conflict or potential conflict, including written
direction by a relevant authority pursuant to
the Public Sector (Honesty and Accountability)
Act 1995.

publicsector.sa.gov.au 7
PROFESSIONAL CONDUCT STANDARDS
OUTSIDE EMPLOYMENT
Public sector employees must not engage in
employment or other remunerative activity
outside of their public sector employment where
the activity conflicts with, or has the potential
to conflict with, their role as a public sector
employee, or if the performance of such outside
employment or activity might affect their capacity
to perform their public sector duties.
Public sector employees will obtain written
permission from their agency head or delegate
before engaging in any outside employment or
remunerative activity (including any employment,
work or service for which payment is made by
way of pay, salary, honorarium, commission, fee,
allowance or other reward).
In general, it is not necessary for employees to
obtain permission to involve themselves in or
undertake voluntary or unpaid activities or paid
recreational activities (e.g. sport coaching) unless
there is an actual or potential conflict of interest
between such activity and their duties and/or role
as a public sector employee.
Public sector employees who leave the public
sector to work with a non-Government employer
will avoid situations which would result in an
unfair advantage for their new employer. This
holds particularly in the case where the employer
is bidding for a government contract or is
competing for a grant or similar disbursement
of public moneys.
8 Code of Ethics for the South Australian public sector
ACCEPTANCE OF GIFTS AND BENEFITS
Public sector employees will not seek or accept
gifts or benefits for themselves or others that
could be reasonably perceived as influencing
them in the performance of their duties and
functions as a public sector employee.
Non-pecuniary gifts or benefits offered
to employees by representatives of other
governments may be accepted, as may gifts from
non-Government sources if they are obviously
mementos or gifts of a symbolic nature.
All employees will comply with any policies of their
agency in relation to accepting, declaring and/or
recording the receipt of gifts or benefits.
CRIMINAL OFFENCES
Public sector employees will at the earliest
possible opportunity advise their manager (or if
their manager is not available, some other person
in management in the agency in which they are
employed or working) if they are charged with a
criminal offence and, if admitted or proven, there
would be a connection between the offending
conduct and the employee’s public sector duties/
role or position and/or status.
Reports to a manager or person in management
will be in writing.
Public sector employees will comply with all
legislation, industrial instruments, policies and
procedures and lawful and reasonable directions
relevant to their role as a public sector employee
and/or to the performance of their duties.
 PROFESSIONAL CONDUCT STANDARDS

REPORTING UNETHICAL BEHAVIOUR

Public sector employees will report to an

appropriate authority workplace behaviour that
a reasonable person would suspect violates any
law, is a danger to public health or safety or to the
environment, or amounts to misconduct. This
obligation does not derogate from the obligations
on public sector employees under the Directions
and Guidelines issued by the Independent
Commission Against Corruption, the Office for
Public Integrity or the Ombudsman SA.
Public sector employees who are potential
witnesses or are otherwise capable of assisting,
will actively cooperate and assist with any
investigation into the suspected or alleged
conduct of another public sector employee that,
if proven, would amount to misconduct (including
corruption and maladministration as defined in
the Independent Commission Against Corruption
Act 2012) and any other processes relating to the
management of such suspected
or alleged conduct. This obligation does not
impact upon the right against self-incrimination
of employees suspected of committing or alleged
to have committed misconduct.
Public sector agencies will inform employees
of their rights and responsibilities under the
Public Interest Disclosure Act 2018.

publicsector.sa.gov.au 9
 FURTHER INFORMATION

Legislation and regulations Public sector resources

• Public Sector Act 2009
• Public Sector Regulations 2010
• Public Sector (Honesty and Accountability
Act) 1995
• Independent Commission Against Corruption
Act 2012
• Public Corporations Act 1993
• Criminal Law Consolidation Act 1935
• Summary Offences Act 1953
• Equal Opportunity Act 1984
• Freedom of Information Act 1991
• Work Health and Safety Act 2012
• Public Finance and Audit Act 1987
• Public Interest Disclosure Act 2018
• Lobbyist Code of Conduct
• State Records Act 1997
• Disability Discrimination Act 1992
(Commonwealth Government)
• any other relevant agency-specific
legislation.
• Public sector values and behaviours
framework
• Building Integrity: Embedding good practice
in the South Australian public sector
• Determinations and guidelines issued by the
Commissioner for Public Sector Employment
• Public sector-wide policies issued by the
government, the Department of the Premier
and Cabinet, the Department of Treasury and
Finance, and the Commissioner for Public
Sector Employment
• Any agency-specific policies and conduct
standards
• Treasurer’s Instructions
• Directions and guidelines issued by the
Independent Commission Against Corruption
South Australian integrity bodies
• The Office for Public Integrity
• Independent Commission Against Corruption
• Ombudsman SA
• South Australia Police anti-corruption branch

The Office of the Commissioner

for Public Sector Employment
Street Address
Ground Floor
State Administration Centre
200 Victoria Square
(Tarntanyangga)
Adelaide SA 5000
Mailing address
GPO Box 464
Adelaide SA 5001
E publicsector@sa.gov.au
T 1800 317 333
W publicsector.sa.gov.au

©2023 South Australian Government. All rights reserved.

Information current as at January 2022.